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(영문) 대전지방법원 천안지원 2013.07.09 2013고정553
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 27, 2013, while under the influence of 0.157% of alcohol in blood, the Defendant driven a 1 ton cargo vehicle C with a capacity of 0.157%, and proceeded at approximately 20 km in the speed of Si/Gun/Dong-gu, Yancheon-gu, Sinan-gu, the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. The Defendant neglected to take a duty of care to turn to the opposite direction beyond the central line. However, the Defendant took care of the victim D (50 years old)'s Do Do Do Do Gun Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do .

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a traffic accident report, each written diagnosis, field photograph of a traffic accident, a copy of the register of breath measuring instruments for drinking, and a report on detection of a drinking driver;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving on the market, the selection of fines);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( mutually violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Sales: Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavier punishment, but selecting a fine);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be aggravated within the extent that the maximum amount of the above two crimes shall be added to the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment,

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